The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-06-30

required, and why9- asked Colonel Fellows;
because the money had to be raised and ready
for the aldermen, who refused to go further until
the money in the hands of keenan,. the
stakeholder The bonds were issued for increas-
ing the facilities of the road and when they had
purchased twenty two aldermen they found their
facilities were largely increased Why the need
of raising the $500. 600 in haste IN large billsi
We are left in the dark OF this by the defense"
Here Mr.. Parsons interrupted to enter de-
MAJ .nat Snarp nad AWNING 20 40 WIN a ,ne
lar of it. Colonel Fellows insisted that the bond
scheme was carried out by Sharp, Foshay and
Kerr. He continued; well, the money was
raised the last of it on the 4th of August and
the railroad committee to meet on the 9th.
What has become of the fund.- 1t was raised 10
bills ranging from $4,000 DOVE to 800 This
vast fortune has disappeared thoroughly rs il
it had been cast into the fire. There was M
record made of it until eleven months after
ward, when it was sought to be accounted for by
false entry. Why these books SO falsi
fed? Not word has been uttered to throw
light the subject Sharp says The money was
in his hands. but tells us ne has forgotten what
he did with it."
JUDGE BARRETTs CHARGE.
Judge Barrett then arose to charge the jury.
He began by saying that this was the first time
in the history of our Jurisprudence when a mar
had been made to face the charge of giving
bride. Both to give and receive brides
crimes. The bride giver had unnatural ad-
vantage monopoly-over the party who hon
esty applies for legislative action. The results
that pure and honest men can obtain no relief
and corruption is born. He read the law on
bribery, and went on to say that the only direct
evidence that money had been givsn was that
one Delacey had given money. 1t was not
necessary that the person charged gave the
money with his own hand made the corrupt
agreement in person, or, IN other words
made the agreement in accordance with the
laws of contract. But if there
an understanding that one was to receive and
the other was to give a bribe then the cr1 me
was in commission. whether directly indi-
rectly, personally or by agents aided. assisted or
abetted however remotely in the commission of
the crime, and the guilt is established. Delscey
IS the fountain head, and all who are proven TIC
be near to or far away from the fountain-head
are guilty. If peacey received the money from
Richmond, then Sharp is guilty. If Sharp had
a guilty knowledge of the scheme, he is guilty.
It the jury finds that he is connected with the
bribery by either of the ways specified, they
must find him guilty.
Judge Barrett then proceeded to analyZe
Fulgraff's evidence and the testimony N cor
roboration thereof The court defined the cir
cumstantial and direct testimony rising out of
Sharps visit to Albany in 1884, illustra-
ton. 1t had been shown that he was there
laboring to secure the passage of the general
railroad law. 1t passed, and Immediately
the Broadway road filed its articles of ncorpora-
ton. Mr.. Sharp of the incorporators.
There was circumstantiale evidence from which
jury might infer that when Sharp 1abored for
the passage of the general railroad act he had
view the scheme of the Broadway Surface rail-
road. Here Mr. Phelps testlfies directly that
Sharp told him that that was his object
After reviewing the evidence in detail, Judge
Barrett said: IF you find that Fullgraff
bribed. and that $500, coo was raised by Kerr and
Forshay with the knowledge of Sharp, and you
come to the conclusion that that sum not
raised for the purposes which appear on the
books of the road, and that that sum really
- %ha ,,v$,1 81 <,n 6ae
men. you must find him guilty If you believe
that Kerr and Forshay did this and concealed it
from Mr.. Sharp, because of their own interest.
and Notwithstanding the greater benefits which
Mr.. Sharp to reap from it. and Mr.. Sharp
was ignorant, then you must acquit him. There
is abundant evidence to draw your conclusions
FROM"
After further instructing the jury as to the
law, Judge Barrett closed and the jury retired.
Mir. Parsons entered several objections to
Judge Barretts charge, bat his Honor overruled
them. The crowd which had been in attend
ance thinned out as the jury retired. When
thirteen minutes later. it whispered about
that they had agreed, there was
great rush for the courtroom. The
jury filed in. and the clerk asked
the customary questions The foreman was
quite agitated, and, in answer to the query az
to what the verdict was, said mot guilty.
mean guilty. your honor" Sharps face lighted
up as the word mot was uttered, but when the
foreman corrected himself. his head dropped
upon his breast. and he looked completely
crushed. The jurors. after consultation.
recommended the prisoner TO mercy, anu
Judge Barrett thanked them and discharged
them from duty. Messrs. Stickney, Parsons,
Nelson and Mitchell. of defendants counsel,
gathered around tine judge and told ptifui
story of the condition of their client. and Judge
Barrett ordered him returned to Ludlow-street
Jail.
After debate the court adjourned until
July Is. when sentence will be passed
The penalty for bribery is not more than tel
years at hard labor nor more than So. 900 fine,
both. A new trial will be moved for.
The verdict reached the first ballot.
As Sharp stepped to the walk, on his arrival at
the jail, he said: Boys, now it's all over I'll
tell you that l never gave one penny to Alder
man Fullgraff any other alderman. and had
no hand in bribing the aldermen" With this
the old man seemed to break down